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that's the wrong legal path. senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enou
an enemy combatant are those republicans, among them john mccain and lindsey graham. but there's others, they say basically he should be treated as an enemy combatant for now and then handed over to civilian authorities. the information we're learning about his inability to communicate right now throws a wrench into a lot of that. but on the other side, we heard today from the chairman of the intelligence committee of the house, mike rogers, and here is his perspective on why he should not be treated like an enemy combatant. >> he's a citizen of the united states. i think that brings all of the protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there's other devices. we don't know if there's other people. i think mirandizing him up front would be a horrible idea. >> so there are really a series of questions there. first, should he be treated as a criminal -- excuse me, as a -- i want to make sure i get it right, as an enemy combatant. that ques
got in terms of a note that was handed to me talking about a few senators, lindsey graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they should at least go down the path to determine whether or not that is the designation they should make for this particular person. then they should do it based on our national security, national interest to determine whether or not identifying him as an enemy combatant will actually enhance our national security and national interest. >> what about the charges? what do you expect them to be against dzhokhar. >> well, if he's not designated as an enemy combat eant he wille charged federally. the first decision has to b
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